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[案情简介]申请人:姜某。被申请人:某有限责任公司。申请人诉称:申请人1999年6月到被申请人前身处担任燃油锅炉操作工。2000年该单位被撤销,由被申请人托管,2004年改为中国某有限责任公司某营业部,申请人一直在此工作,后改为维修电工。依照《中华人民共和国劳动合同法》规定应认定申请人在被申请人处工作。201 1年1月,仲裁裁决书只认定7年5个月是错误的,裁决书未真实认定遭被申请人辞退的客观事实,偏听偏信被申请人一面之词,有失公允。事实是《劳动合同法》实施后,被申请人预感到多年违法用工的严重性,为逃避法律责任,采取逆向劳动派遣的方法转移劳动关系。于201 0年7月25日,强迫申请人与某物业公司签订违法的空白劳
[Case Profile] Applicant: Kang. Respondent: a limited liability company. The claimant claimed: The claimant was formerly an oil-fired boiler operator in June 1999 before the respondent. In 2000, the unit was revoked and was entrusted by the respondent. In 2004, it was changed to a sales department of a limited liability company in China. The claimant has been working on the job and later repaired the electrician. According to the “Labor Contract Law of the People’s Republic of China”, the applicant shall be deemed to be working in the respondent. 201 In January January, the arbitral award only found that seven years and five months were wrong. The ruling did not truly identify the fact that the respondent was dismissed. It would be unfair to listen to the allegation of being one side of the respondent. The fact is that after the implementation of the Labor Contract Law, the respondent prejudiced the seriousness of illegal employment for many years. In order to evade legal responsibilities, the respondent took the method of reverse labor dispatch to transfer labor relations. On July 25, 201 0, the claimant was forced to sign a blank contract violation with a property company